HB 1534 Declares the federal Patient Protection and Affordable Care Act as unauthorized by the U.S. Constitution and creates criminal penalties for persons enforcing the act

     Handler: Mayer

Current Bill Summary

- Prepared by Senate Research -


SS/HB 1534 - Under this act, the General Assembly finds and declares that the federal law known as the Patient Protection and Affordable Care Act ("PPACA"), signed by President Obama on March 23, 2010, exceeds the power granted to Congress under the United States Constitution and therefore is not law, but is altogether void and of no force.

This act provides that it shall be the duty of the General Assembly to adopt and enact any and all measures as may be necessary to prevent the enforcement of the Patient Protection and Affordable Care Act within the limits of this state. No public officer or employee of this state shall have any authority to enforce or attempt to enforce any aspect of the PPACA.

Any official, agent, or employee of the United States government who undertakes any act within the borders of this state that enforces or attempts to enforce any aspect of the PPACA is guilty of a Class A misdemeanor.

Any person who has been subject to any act attempting to enforce the PPACA within this state's borders shall have a private cause of action for declaratory judgment and for damages against any person violating the provisions of this act.

The provisions of this act shall terminate if the United States Supreme Court makes a final adjudication declaring the provisions of the federal Patient Protection and Affordable Care Act unconstitutional in its entirety.

ADRIANE CROUSE


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